Approval of employment of a third-country national as a seasonal worker in the tourism sector (Article 63 of Law 5038/2023)

From National Registry of Administrative Public Services



9aaa70b0-2ebb-47aa-82df-f2941bc57dbd 972478 Έγκριση για την απασχόληση πολίτη τρίτης χώρας, εποχιακού εργαζομένου στον τουριστικό τομέα (άρθρο 63, ν. 5038/2023)

At a glance

Points of service

Available only digitally

Number of required documents

8

Fees

100 €

Deadline of completion

10 days

Description

The procedure concerns applications for approval of employment that must be submitted by an employer when he/she wishes to hire a third-country national as a seasonal worker in the tourism sector.

Basic information

Competent body

MINISTRY OF IMMIGRATION AND ASYLUM

Authority/Public body’s Unit responsible for the institutional framework of the procedure

Authority responsible for the provision of the procedure

GENERAL SECRETARIAT FOR MIGRATION POLICY

Service / organizational unit of a authority entity

One-stop shop’ at the competent Directorates for Aliens and Migration of the Decentralised Administration.

Provided to

Related links

Validity duration

Variable subject to conditions

Last update

13/02/2025

Application

Application Type

Application

Submission by:

Submitted by the applicant (digital)

Submitted by:

Persons

Title

Approval of employment of a third-country national as a seasonal worker in the tourism sector.

Notes:

An employer’s application for approval of employment for the purpose of seasonal work in the tourism sector must be submitted via the e-services of the Ministry of Migration and Asylum. However, until the electronic procedure is launched, the application must be submitted using a courier service to the ‘one-stop-shop’ of the Directorate for Aliens and Migration of the Decentralised Administration which has jurisdiction over the employer’s official place of business.

What you will need

Means of authentication, identification and signature

Identification with TAXISnet codes

    Print

    Requirements

      Fees

        Related

        Means of redress or appeal:

        Administrative appeal

        The third-country national concerned has the right to appeal against the rejection decision. The application for treatment should be submitted within two (2) months of service of the decision. Applications for treatment are subject to a fee of EUR fifty (50). The request for treatment is submitted to the department that issued the relevant decision, which decides on it within an exclusive period of thirty (30) days from the date of submission.

        Output & Results

        Output

        Administrative Act, Decision, Digital document production, Launch another procedure

        Steps

          Digital steps

            Other information

            Alternative titles

            Approval of invitation to a third-country national for the purpose employment as a seasonal worker in tourism, Approval of seasonal employment in tourism

            Official title

            Approval of employment of a third-country national as a seasonal worker in the tourism sector (Article 63 of Law 5038/2023)

            Languages supported

            Greek, English

            Legislation

              Categories

              Τype of procedure

              Trigger

              Applied for

              Trigger (submission method)

              Application (digital), Application (letter)

              Type

              Outgoing

              End of Process

              Ιndefinite

              ,,,


            • 1 Availability There must be a vacancy pursuant to Article 27 of Law 5038/2023 in a sector where seasonal work is possible.


              No No

            • 2 Labour The employer must submit an employment contract, in which his/her signature is authenticated by a public agency.


              No No

            • 3 Financial The employer must be able to cover the seasonal worker‘s estimated return costs, where the conditions for applying Article 80(3) of Law 3386/2005 (Government Gazette, Series I, No 212) are met.


              No No

            • 4 Professional The activity of the employer’s undertaking (whether a sole proprietorship or a legal person) must be related to tourism sector activities.


              No No

            • 5 Establishment The employer must have secured suitable accommodation for the seasonal worker.


              No No

            • 6 Establishment If the employer does not provide the worker with accommodation, he/she must provide evidence demonstrating that the seasonal worker does have available accommodation that meets the statutory requirements.

              Alternative condition of 5

              Yes Yes

            • 7 Capacity The employer must demonstrate that the invited third-country national’s specialisation is related to the object and overall business activity of his/her undertaking.


              No No

            • 8 Income The employer must have an annual gross income of at least EUR 22 000 per invitee.


              No No

            • 9 Income If the employer is a sole proprietor or a legal person, he/she must have an annual gross income of at least EUR 60 000 per invitee.

              Alternative condition of 8

              Yes Yes

            • 10 Possession of passwords to enter software The employer must have the required credentials to access TaxisNet in order to submit the application.

              No No

            • 1 Employer fee for inviting a seasonal worker 100 €

              e-Administrative Fee code 2113

              Cost Calculation One-off

              Method of Payment Bank cashier, Digital (debit / credit card), Digital (web banking), Hellenic Post

              Type of Cost Impost

              Fee Link https://www1.gsis.gr/sgsisapps/eparavolo/public/create.htm?langId=2

              No

            • 1 An employment contract signed by an employer established in the Greek territory, in which his/her signature is authenticated by a public agency. Contract

              An employment contract signed by an employer established in the Greek territory, in which his/her signature is authenticated by a public agency.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons

              Notes: The employment contract must indicate: (a) the type of employment, (b) the location where it takes place, (c) its start date, (d) the duration of the employment, (e) the number of hours worked in a week or month, (f) the remuneration to be paid to the worker, which may in no case be less than the remuneration of an unskilled worker, (g) the amount of any holiday allowance, if provided for in the contract, and (h) any other working conditions, as appropriate.

              Document submitted under requirements: No


              No 9164

            • 2 A solemn declaration by the employer stating: (1) that the employer will cover the anticipated costs of return, where the conditions for applying Article 80(3) of Law 3386/2005 (Government Gazette, Series I, No 212) are met; (2) the Greek consular authority that the third-country national has to visit to obtain the visa required in each case; (3) that the employment contract submitted complies with the employer’s obligations both under the provisions in force on the statutory minimum salary and daily wage and under any employer commitments deriving from a relevant collective labour agreement at a sectoral, local, business or same-profession level; (4) that the activity of the undertaking (whether a sole proprietorship or a legal person) is related to tourism sector activities; and (5) the seasonal worker’s specialisation. Solemn Declaration

              A solemn declaration by the employer stating: (1) that the employer will cover the anticipated costs of return, where the conditions for applying Article 80(3) of Law 3386/2005 (Government Gazette, Series I, No 212) are met; (2) the Greek consular authority that the third-country national has to visit to obtain the visa required in each case; (3) that the employment contract submitted complies with the employer’s obligations both under the provisions in force on the statutory minimum salary and daily wage and under any employer commitments deriving from a relevant collective labour agreement at a sectoral, local, business or same-profession level; (4) that the activity of the undertaking (whether a sole proprietorship or a legal person) is related to tourism sector activities; and (5) the seasonal worker’s specialisation.

              Relevant link: https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons

              Relevant Procedure: Solemn declaration and electronic solemn declaration

              Document submitted under requirements: No


              No 7320

            • 3 A solemn declaration by the employer providing evidence that the seasonal worker is provided with suitable accommodation, relating, among other things, to the ownership, possession, occupancy and suitability of the accommodation, including its health and safety standards. Where the employer has to pay rent, he/she will provide the worker with a lease contract or equivalent document clearly stating the terms of the lease. Solemn Declaration

              A solemn declaration by the employer providing evidence that the seasonal worker is provided with suitable accommodation, relating, among other things, to the ownership, possession, occupancy and suitability of the accommodation, including its health and safety standards. Where the employer has to pay rent, he/she will provide the worker with a lease contract or equivalent document clearly stating the terms of the lease.

              Relevant link: https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses


              Relevant Procedure: Solemn declaration and electronic solemn declaration

              Document submitted under requirements: No


              No 7320

            • 4 A solemn declaration by the employer providing evidence that the seasonal worker has his/her own accommodation, which meets the statutory requirements, where such accommodation is not provided by the employer. Solemn Declaration

              A solemn declaration by the employer providing evidence that the seasonal worker has his/her own accommodation, which meets the statutory requirements, where such accommodation is not provided by the employer.

              Relevant link: https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses


              Relevant Procedure: Solemn declaration and electronic solemn declaration

              Document submitted under requirements: No

              Alternative document of: 3

              Yes 7320

            • 5 A copy of the pages of the candidate worker’s current travel document that contain the identification details and a photograph of the third-country national. Passport

              A copy of the pages of the candidate worker’s current travel document that contain the identification details and a photograph of the third-country national.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons


              Document submitted under requirements: No


              No 3971

            • 6 An attestation/certificate from the Independent Department for the Implementation of Union Legislation (ATEEN) of the Ministry of Education and Religious Affairs to the effect that the person concerned meets the requirements laid down in Presidential Decree 38/2010 (Government Gazette, Series I, No. 78) adapting Greek legislation to Directive 2005/36/EC on the recognition of professional qualifications for the pursuit of the profession specified in the employment contract, in the case of a regulated profession. Certificate

              An attestation/certificate from the Independent Department for the Implementation of Union Legislation (ATEEN) of the Ministry of Education and Religious Affairs to the effect that the person concerned meets the requirements laid down in Presidential Decree 38/2010 (Government Gazette, Series I, No. 78) adapting Greek legislation to Directive 2005/36/EC on the recognition of professional qualifications for the pursuit of the profession specified in the employment contract, in the case of a regulated profession.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons


              Document submitted under requirements: No


              No 9703

            • 7 Where the applying employer is not an economic operator, a certificate of commencement of business activity from the competent tax office. Occupation Commencement Certificate

              Where the applying employer is not an economic operator, a certificate of commencement of business activity from the competent tax office.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons

              Notes: This supporting document must demonstrate that the employer’s activity is related to the tourism sector.

              Document submitted under requirements: No


              No 5193

            • 8 Where the applying employer is an economic operator, the articles of association of a business in operation or a certificate from the General Commercial Registry (GEMI), regardless of the legal form of the business. Certification

              Where the applying employer is an economic operator, the articles of association of a business in operation or a certificate from the General Commercial Registry (GEMI), regardless of the legal form of the business.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons

              Notes: This supporting document must demonstrate that the employer’s activity is related to the tourism sector.

              Document submitted under requirements: No

              Alternative document of: 7

              Yes 8619

            • 9 Evidence that the invited third-country national’s specialisation is related to the object and overall business activity of the undertaking. Supporting documents per case

              Evidence that the invited third-country national’s specialisation is related to the object and overall business activity of the undertaking.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons


              Document submitted under requirements: No


              No 4332

            • 10 An income tax statement for the previous financial year, if the employer is a natural person, demonstrating his/her ability to pay monthly salaries, as defined in the employment contract, and demonstrating a gross income of at least EUR 22 000 per invitee. Proof of Income

              An income tax statement for the previous financial year, if the employer is a natural person, demonstrating his/her ability to pay monthly salaries, as defined in the employment contract, and demonstrating a gross income of at least EUR 22 000 per invitee.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons


              Document submitted under requirements: No


              No 6430

            • 11 An income tax statement for the last three financial years demonstrating an average annual gross income of EUR 22 000. Proof of Income

              An income tax statement for the last three financial years demonstrating an average annual gross income of EUR 22 000.



              Document submitted under requirements: No

              Alternative document of: 10

              Yes 6430

            • 12 If the employer is an economic operator with a sole proprietorship, an income tax statement demonstrating (i) his/her ability to pay the monthly remuneration indicated in the employment contract, and (ii) a gross income of at least EUR 60 000 per invitee. Proof of Income

              If the employer is an economic operator with a sole proprietorship, an income tax statement demonstrating (i) his/her ability to pay the monthly remuneration indicated in the employment contract, and (ii) a gross income of at least EUR 60 000 per invitee.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons


              Document submitted under requirements: No

              Alternative document of: 10

              Yes 6430

            • 13 A copy of a legal person’s tax return, in the case of a legal person, accompanied by a solemn declaration pursuant to Law 1599/1986 by the legal representative to the competent department to the effect that the information declared is accurate. Proof of Income

              A copy of a legal person’s tax return, in the case of a legal person, accompanied by a solemn declaration pursuant to Law 1599/1986 by the legal representative to the competent department to the effect that the information declared is accurate.

              Submission by: Submitted by the applicant (digital)

              Submitted by: Persons

              Notes: This document must demonstrate (i) the employer’s ability to pay the monthly remuneration indicated in the employment contract, and (ii) a gross income of at least EUR 60 000 per invitee.

              Document submitted under requirements: No

              Alternative document of: 10

              Yes 6430

            • Joint Ministerial Decision 8 95931 2024 1807 Β

              Description Listing the required supporting documents for a request to approve an invitation for seasonal work.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20240201807

            • Law 63 5038 2023 81 Α

              Description Laying down the conditions and supporting documents for inviting third-country nationals for the purpose of seasonal work.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20230100081

            • 1 Receipt of an application to approve employment

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action

              Description An online application is received to approve the employment of a third-country national in the tourism sector.

              No No


            • 2 Completeness check of the requirements and supporting documents

              Responsible for Implementation Competent Employee

              Μethod of Implementation Inspection

              Description The application and relevant supporting documents are examined.

              No No


            • 3 Issuance of an approval decision

              Responsible for Implementation Competent Director

              Μethod of Implementation Signature

              Description After the application is examined, an approval decision is issued.

              No No


            • 4 Transmission of the approval decision to the competent Greek consular authority

              Responsible for Implementation Competent Public Agency

              Μethod of Implementation Action of the executive / co-competent body

              Description The approval decision for inviting the seasonal worker is transmitted by email, along with the employment contract signed by the employer, to the competent Greek consular authority.

              No Yes



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